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Du Toit and another v Minister of Welfare and Population Development and others 2003 (2) SA 198 (CC)

Main issue: Adoption or the right of same sex partners to adopt a child jointly and if such denial could be inconsistent with the Constitution.

Findings: In a unanimous decision written by Skweyiya AJ the Court found that the infringed provisions of the Child Care Act and Guardianship Act discriminate on the grounds of sexual orientation and marital status. In addition, the dignity right of one of the applicants was found to be infringed because of the denial of her as a parent. Lastly, the legislation was found to infringe the principle of the paramount of a child’s best interests.

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